HomeMy WebLinkAboutCOM 0200.004 1996-1998 JAY T. KIMURA ~
PROSECUTING ATTORNEY 40pN?~
°F!4k' HaROAHAWiW %O
mE
RECEIVED
LI,,,•:
CHARLENE Y. IBOSHI ~ ifine.._.-,__ gy EnX ~i-i os
FIRST DEPUTV 9sB-n 59
PROSECUTING ATTORNEY ~ %i zsYo
County Council WEST IUWAII UNIT'
~ YA KEALAKEKUA, HAWAY %150
PH 322-2559
OFFICE OF THE PROSECUTING ATTORNEY `A% 32z 6~'
TESTIMONY OF PROSECUTING ATTORNEY JAY T. HIMURA
Tuesday, May 6, 1997
I request that the Finance Committee approve and refer to the full Council the
amendment of Chapter 2, Article 26, of the Hawaii County Code relating to the
compensation of Deputy Prosecuting Attorneys and Deputy Corporation Counsels.
This amendment clarifies ordinance 95-17 and eliminates concerns with the unified
scale as previously adopted in Resolution 176-90.
The proposed amendment deletes references to LGl and LG2 and also removes time
limitations within the 50-90% range of the appointing authority. This removes the
possibility that deputies may be paid at less than the current starting salary without
the possibility of moving for six months. This ordinance also allows the appointing
authority to balance the scale of salary adjustments within the range set by the
Council.
Currently the experience level within the office, excluding the prosecutor and first
deputy ranges from less than one year of experience to 14.5 years. There are 6
deputies that have 10 to 14.5 years of experience, 10 with 5-10 years as deputy
prosecutors, and 7 with 1 to 5 years of experience. The experience refers to
experience within the office and does not represent experience in other jurisdictions
as deputy prosecutors, judges, deputy corporation counsel, deputy attorney generals,
or private counsels. This range of experience is an important asset to the office and
to our prosecution effort. It not only provides us the experience level to take on any
number of difficult cases but it provides us with the experience level to maintain a
top notch level of in-house training.
The experience level within the office is an asset to the County of Hawaii. The cost
to train a deputy is a lengthy and expensive process that cannot easily be replaced.
In recent years the office has lost almost 10% of our experienced deputies for various
reasons. I cannot say that the compensation level was not a factor. A reluctance to
adjust the current code after 7 years would further increase the danger that
experience staff may leave without the ability of the office to recruit experienced
deputies.
ComFa. Dia 200, O~
Y'Sle lYo.
20l Presented FG
' "1 3 1997
Ftsf. Date- - -
This office has strived to encourage career prosecution. This allows the office to take
on cases that an inexperienced office would not be able to. While there has always
been external pressures from other government agencies such as the U.S.
Attorney's, other Prosecutors, and Attorney General's offices, we now also face
internal pressures.
It is no secret that many police officers make more than deputy prosecutors, or even
the Chief of Police. The juxtaposition of a static Article 26 code with union
negotiated settlements of over 30% since 1990 creates unhealthy internal pressures.
The current amendment adjusts salaries by approximately 9%.
Several factors that deputy prosecutors work under should be emphasized.
Deputies are required to have 19+ years of education.
They must be licensed as an attorney by the State Supreme Court.
They are appointed and serve at will during the term of the Prosecutor.
They are paid a salary and receive no overtime.
It is important that the deputies be fairly compensated in order to maintain a
balanced level of experience and provide the public with a proper level of
confidence in the office.
The office provides a full array of services to the public from prevention, education,
coordination, victim services and prosecutions from traffic cases to murder,
including appeals and writs up to the United States Supreme Court. This effort
requires the unique abiliries of each deputy and support staff.
Deputies have participated in various prevention programs including McGruff, the
Childrens Advocacy Center, Domestic Violence Interagency Team, neighborhood
watch groups, efforts to improve the practice of law including arbitration, mediation
and other bar activities designed to improve the delivery of services. However, our
primary effort has been in court- related matters including training for police, fire,
screening and conferrals, pre-trial, trial and post-trial activities.
Compensation is based on an evaluation of a deputy's experience and performance
and is discretionary. For practical purposes, the level of compensation is also based
on funding levels provided by the Council and state government. Attached is a
proposed internal scale that may be used within the 50-90% range provided under
the proposed amendment.
For comparison, the salary scales of the Public Defender, Attorney General, and
Maui Prosecutor is attached. Also attached is a 1988 and 1993 study done by the
Attorney General.
COMPARISON OF CURRENT SALARIES
5/97
SALARY DESCRIPTION OF PO TTION
$39,120 - $43,248 Entrance salary of Public Defender I. Duties include
prison hearings, appellate research, minor hearings.
$39,120 - $40,452 first 6 months
$41,832 after 6 months
$43,248 exceptional category
$39.828 Entrance salary of Deputy Prosecutor. Duties
include misdemeanors, felony preliminary
hearings, advising police, advising other agencies,
family court, district court, circuit court, appellate
courts, traffic cases.
$44,724 - $49,440 Public Defender II. Misdemeanor/family court
duties primarily in district court.
$44,724 - $46,263 1 year
$47,820 after 1 year
$49,440 exceptional category
$39,828 - $43,152 Equivalent salary range for a deputy prosecutor
doing primarily district court duties with the
addition of other duties cited above.
$53,652 - $59,352 Public Defender III. Beginning felony deputy doing
Class B and C felonies.
$53,652 - $55,488 1 year
$57,396 after 1 year
$59,352 exceptional category
$48,132 - $51,444 Deputy prosecutor doing felony
work will earn approximately
this amount, but may be
handling all felony cases and
not just Class B and C.
$61,380 - $67,872 Public Defender IV. Senior felony deputy doing
Class A felonies.
$61,380 - $63,468 18 months
$65,640 after 18 months
$67,872 exceptional supervisor
$53,112 - $59,748 Deputy prosecutor handling Class A felonies. This
includes responsibility for the most complex
organized crime, narcotics and homicide cases in
the office.
$54,768 - $61,404 Deputy Prosecutor team leader supervising a team
of deputy prosecutors and handling felonies or
other assignments.
$70,188 - $75,072 Public Defender V. This Supervising Deputy is an
appointed position.
$70,188 - $72,588 18 months
$75,072 after 18 months
$54,768 - $61,404 Senior Deputy Prosecutor. Supervises all deputy
prosecutors, responsible for training deputy
prosecutors, coordinating police training by
deputies, planning, liaison with other law
enforcement agencies, represents office in absence
of prosecutor and first deputy.
more than $77,496 First Deputy Public Defender and Public
Defender
$66,384 First Deputy Prosecuting Attorney
$77,964 Public Defender
$74,064 Prosecuting Attorney
ATTORNEY'S EVALUATION RF' '
NAME OF ATTORNEY: PERIOD COVERED:
EVALUATOR(S):
LEGEND• O ATi ACTORY (N) NEFDS rMPR NT
I. ISSUE ANALYSIS: COMMENTS
(Correct charging; Case analgsis, Search & Seizure; Anticipating other su pression issues;
Evidentiary foundation; Evaluate strengths/weaknesses of case BEFOREptrial)
II. WRITING SKILLS: _
(Court document; Opinion letters; Quality and timeliness)
III. ABILITY IN COURT: _
(Promptness; Plan/Organize; Preparation; Delivery Understand and ability to use rules of
evidence; Argument quality; Control over courtroom Presentation/Orchestration)
IV. EXPERIENCE: _
(Screenuig; Advising police; Search warrants; Charging; Opinion letters; Research/memos;
Non-jury teals; Sentencings; Calendazs; Public relations)
V. PLANNING/ORGANIZATION:
(Time and planning ahead/time management/priorities; Use of time-out; Handling paper flow;
Filling out forms; ~anizin Files; Trial preparation; Pre-trial motions; Plea letters; Investigator;
VAU; Witness coordmation;~eeting office deadlines)
VI. CAPACITY: _
(Attitude; Adaptability; Ability to follow; policies/procedures; Stress/emotional management;
Ability to work with public; Ability to work with staff; Witness rapport; Initiative; Responsibility/
dependability)
1273A/REV3/96
VII. COMMENTS (by evaluator/ l,ian of action)
VIII. ADDTITONAL COMMENTS (by attorney):
Copy Received: Date: _
Reviewed by: Date:
3/96
NE" `~.ZES ATTORNEY'S EVALUATIC, :f REPORT
NAME OF ATTORNEY: P3RIOD COVERED:
EVALUATOR(S):
LEGEND• (S) SATISFACTORY (N) N D IIvII'RO iviFNT
I. ISSUE ANALYSIS: COMMENTS
(Correct charging; Case analysis; Search & Seizure; Anticipating other suppression issues;
Evidentiary foundation; Evaluate strengths/weaknesses of case BEFORE trial)
II. WRITING SKILLS:
(Court document; Opinion letters; Quality and timeliness; Filling out forms;
Appeals)
IiI. ABILITY IN COURT:
(Higher standard of ability expected; Promptness; Plan/Organize;
Preparation; Delivery; Understand and ability to use rules of evidence;
Argument quality; Control over courtroom; Presentation/
Orchestration)
IV. EXPERIENCE:
(Screening; Advising police; Search warrants; Charging; Opinion letters;
Research/memos; Non-)ury trials; Sentencings; Calendars; Public relations;
Grand J'u ;Jury trials; Circuit court -sentencing including enhanced;
Appeals; Post-conviction hearings)
V. PLANNING/ORGANIZATION: _
(Time management; Use of time-out; Handling pa er flow; Priorities;
Timeliness and planning ahead; Orgqanizin Files; Trial ~re~aration; Pre-trial
motions; Plea letters; Investigator; VAU; ~tness coordination; Meeting office
deadlines; Timely prep. jury instructions, Exhibit list, Witness list)
VI. CAPACITY:
(Attitude; Adaptability; Ability to follow policies/procedures;
Stress/emotional management; Ability to work with public; Ability to work
with staff; Witness rapport; Initiative; Responsibility/
dependabIlity)
1273A/REV3/96
VII. COMMENTS (EVALUATORS (ATTORNEY)
VIII. OBJECTIVES NEXT 6 MOS/1 YEAR: (ATTORNEY)
(EVALUATOR)
Copy Received: Date:
Reviewed by: Date:
3/9G
COMPARISON OF
AVERAGE SALARIES
$1ao
$1so
$140
$120
~ c /
w N $100 1
a
w ~ $sa
$so ~r ~ _
> - 7
$40 _ _
$20 0-2 6-9 13=15 20=25
30+
YEARS EXPERIENCE
HI Private Frms HI Gov't Mainland Gov't
As expected, lawyers in private firms make larger salaries than their public sector
colleagues. These differences escalate most dramatically at the 10-15 year mark. Lawyers who
stay in government service beyond this point in their cazeers fall farther behind each yeaz. Not
surprisingly, this is the critical point where the experience gap between public and private law
offices begins, as the experience profiles in the preceding section have demonstrated.
Although significant differences between the public and private bar were not unexpected,
it was noteworthy to find that mainland government agencies pay their experienced lawyers more
than Hawaii, the state with the highest cost of living. Thus, not only do mid-career govemment
lawyers in Hawaii fall well behind private practitioners, they also make less than their
GOVERNMENT ATTORNEY COMPENSATION:
A Comparative Study
Page - 13
rn•.
~~7/~~'~`" ~~/?im/CG
ANNUAL nA~7GE MONTHLY RANGE
PROSECUTI.IG AT^tORNEY $90,000 $7,500
FIRST DEPUTY PROS ATTORNEY $65,500 $7,125
LS-16 $81,228 - $85,488 $6,769 - $7,124
LS-15 $77,172 - $81,216 $6,43I° $6,768
LS-14 $73,308 - $77,160 $6,109 - $6,430
LS-13 $69,648 - $73,296 $5,804 - $6,108
LS-12 $66,168 - $69,fi36 55,514 - $5,803
LS-11 $62,856 - $66,156 55.513
LS-10 $59,712 - $62,844
L5-9 $56,724 - $59,700 54,727 - r_
L5-8 $53,892 - $56,7 54.726
LS-7 $51,192 - $53,880
L5-6 $48,636 - 551,180 $4,u~3 - $4,
L5-5 $46,200 - 548,624 $3,850 - $4,052
LS-4 $43,896 - $46,188 $3,658 - $3,849
LS-3 $41,700 - $43,884 $3,475 - $3,657
LS-2 $39,612 - $41,688 $3,301 - $3,474
LS-1 $34,008 - $39,600 $2,834 - $3,300
LAW CLERK $26,400 - $32,844 $2,200 - $2,737
JAY T. KIMURA vv w ~
M,....,,.1 I1A81BOW ORNE
PROSECUT1NG ATTORNEY ~d?•,- ~K, HXO. NAwAx osreo
' - 11i~.
CHARLENE Y. IBOSHI ~ FA%: 881~~71n
FIRST DEPUTY ~air69
PROSECUTING ATTORNEY - - %
~i•~!. WEST HAWAII UNIT
'h oi.M'~ P.O.80X 718
NEALA10=KtL~ HI 9876p
OFFICE OF THE PROSECUTING ATTORNEY F~"x: ~es~a.
May 11, 1993
Mr. Richard West, Chairman
Hawaii County Salary Commission
Hilo Lagoon Centre
101 Aupuni St, Suite 133
Hilo, HI 96720-4260
Dear Mr. West:
RE: Salary Structure, Prosecutor's Office
I have attached a current comparison of the pay structure between the
Prosecutor's Office and the Office of the Public Defender.
This scale represents a pay adjustment for the Public Defender's Office as of
January, 1992.
I hope this information is of assistance to you.
Sincerely yours,
~ 2~~L
J~ T. K>NIURA
P o ecuting Attorney
JTK:ph
COMPARISON OF CURRENT SALARIES
SALARY DESCRIPTION OF PO ITION
$37,800 - $41,784 Entrance salary of Public Defender I. Duties include
prison hearings, appellate research, minor hearings.
$39,828 Entrance salary of Deputy Prosecutor. Duties
include misdemeanors, felony preliminary
hearings, advising police, advising other agencies,
family court, district court, circuit court, appellate
courts, traffic cases.
$43,212 - $47,772 Public Defender II. Misdemeanor/family court
duties primarily in district court.
$39,828 - $43,152 Equivalent salary range for a deputy prosecutor
doing primarily district court duties with the
addition of other duties cited above.
$51,840 - $57,438 Public Defender III. Beginning felony deputy doing
Class B and C felonies.
$48,132 - $51,444 Deputy prosecutor doing felony work will earn
approximately this amount, but may be handling
all felony cases and not just Class B and C.
Page -2-
559,304 - $65,580 Public Defender IV. Senior felony deputy doing
Class A felonies.
$53,112 - $59,748 Deputy prosecutor handling Class A felonies. This
includes responsibility for the most complex
organized crime, narcotics and homicide cases in
the office.
$54,768 - $61,404 Deputy Prosecutor team leader supervising a team
of deputy prosecutors and handling felonies or
other assignments.
567,812 - $72,528 Public Defender V. This Supervising Deputy is an
appointed position.
$54,768 - $61,404 Senior Deputy Prosecutor. Supervises all deputy
prosecutors, responsible for training deputy
prosecutors, coordinating police training by
deputies, planning, liaison with other law
enforcement agencies, represents office in absence
of prosecutor and first deputy.
more than $72,528 First Deputy Public Defender and Public
Defender
$66,384 First Deputy Prosecuting Attorney
$69,708 Prosecuting Attorney
Proposed Salary Schedule t X96
A B ~ C j D E
1
-{I
Z ILG1-A $37032 00 LG2-A $51104.16
I~ _ _
3 LG1-B $38883.60' LG2-B $52585.44_
4 LG1-C ! $40735.20 LG2-C $54066.72
LG1-D _ _ i $422.1 6 48 ~ .LG2-D . ~ $55548.00
6 LG1-E $43697.76 LG2-E $57029.281
7 LG1-F $45179.04! LG2-F $58510.56
~LG1-G I $46660.32,',____, LG2-G $59991,84
9 I LG1-H $48141.60 LG2-H _ ~ _ $61473.12
1 OILG1-I ~ $49622.88 LG2-I ~ $62954.40
11 LG1-J $51104.16 :LG2-J _ $64435.68
1 2 LG1-K $52585.44 LG2-K $65916.96
1 3 LG1-L $54066.72 LG2-L $66657.60
1 4 LG1-M $55548.00:
1 5 LG1-N $57029.28':'
1 6 I LG1-O $58510.56! I
1 7'~LG1-P $59991.84~~
_
1 8 I LG1-Q $61473.12:
1 91LG1-R $62954.40;
201LG1-S $64435.68;.......
2 1 I LG1-T $65916.96;
_ _
2 2 LG1-U $66657 60:
23
2 4 74064: :
,251
,
2 6
12 7 LG1 C~J 50-90%, LG2 69-90%
PROPOSED INTERNAL SCALE
SENT BY:000nt~y ~f Mau1 5- 6-97 7D:23 :Pro~ec:ti
.$1~ ttorne,~
~ ___9697159_Jf.2/ 4
JGRI HI'YUyll ~ 1 AA L ~ r r 1, , r 0
0~/O3/07 I40D1 OiiZ7 FAZ i0i ~ 19Di BI OFFC OP A111' G i71AL ®OOi
I
ATTORNEY SALARY 3CMEDULE
QF THE
DBPARTMaNT OF THE ATTORNEY @ENERAL
I
EFFECTIVE 7/1194
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ENTRY LEVEL $~,ppq
NOIV,p^UPERVI8ING ATTORNEY RANGE 636,000 TO 182,000 ~
SUPERV180R RANGE 6$0,000 TO $6m,pp0 i
SENT BY:000nty ot_blaui~ 5- 6-97 10:24 'Prosecutingp Attorneyy» 9691159:Jf 3/ 4
_ ' ~ ~~w ~ rwLa~ vcr G~PUCn'~ri u•o1:Y Yank MLLOrney iii 'L
PtTBLIC DfiFENDE& SALARY STRUCTURE
BEEective Januarp 1, 1993
CLAB¦ CURRENT SA,L7tRY +928
Deputy Public Defender V $3,849 (mo.)
$70,198 (yr.)
Deputy Public De£eader IV $1,115 (mo.)
$61,380 (y!.)
Deputy publie Defender SSx S4r471 (mo.)
$53,682 (yr.)
Deputy Public Defender II $3,727 (mo.)
$44,724 (yr.)
Deputy Eublic Defender I 63,260 (mo.)
$39,120 (y!.)
+ Stsp movements have been frozen since .7Uly 1, 1998
SENT BY:County~ of Adaui ; 5- 5-97 70:24 :Prosoeutin~ Attorne • 9697759'2 4/ 4
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FEB-28-97 FRI 0868 All HON OROS ATTORNEY FAR N0. 8f 52TBE31 P. Q2
rxoascu~xs~a Axxolat>sY
8)LL1NlY aCElDQL!
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PAOilC~Tl'I7f0 ATTOA~ilY $90,000 ~7,~OD
l27tBT Dlpi1TY Y7t08 ATTO~R1iAY $85,500 $7, Z5
LS-I6 ¢81,228 ~ j85,iit ji,768 ~ j7, St
LS-15 ¢77.172 - j81,73i =i,497~-~ ji,~i6
LB~ld ¢73,]06 - $77,160 $8,109 - 56.30
Li-19 jil,ii6 - $73,296 ¢9,804 - $6,08
LB-12 ;61,188 - $69,636 j5•Sid - SS•~03
LB-11 $83,851 - 566,156 $5,138 - $8,113
LB-30 $59,712 - $62,844 $4,976 - S5, 37
L8-9 $56,724 ~ $59.700 $1,727 - ¢4, 75
7+5-8 jb3,BOZ - $56,712 $1,491 - ¢4, 18
L8-7 jS1,192 - $53,$f0 ji,2ii - 54, 90
LS--b ~ ¢46,f3i - $51,180 jd,053 - $~r 6tl
LB-'1 ;d6,2D0 - $48,624 $],850 - $4. 53
Le-d ¢43,896 - ¢46,186 $3,658, $3,49
Ls-3 $i1,70D - $iJ,8B4' j3.479 - $3, 57
na-2 ¢9,812 - 641,666 $3.301 - 74
LS-1 j34,DDe - $39.600 $2.834 - 53, OD
LAW CLERIC ¢26,dOD - $32,844 $2,20D - S2, ]7
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